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California Supreme Court reaffirms strict liability for false advertising in Serova

43(B)log

The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” Not all marketing of artistic works is noncommercial speech. The California Supreme Court reversed.

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11th Circuit affirms Viacom's Rogers-based win for MTV Floribama Shore

43(B)log

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. Chesney also performed on the Lounge’s beachfront stage at a 2014 concert broadcast as “Kenny Chesney: Live at the Flora-Bama” on Country Music Television (CMT), a Viacom channel. New Life Art, Inc., 3d 1266 (11th Cir.

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Rogers v Grimaldi doesn't apply to alcohol, but Peaky Blinders still can't get injunction

43(B)log

If we got rid of the bizarre idea that Rogers was about artistic works and correctly labeled it as being about commercial speech, courts would do much better. It submitted 14 social media posts “which it contends shows consumers and retailers attributed a particular source to Defendants’ liquor and Plaintiff’s television show.”

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Media Laws, Rights & Privacy Of Celebrities

IP and Legal Filings

This recorded music is frequently sold at significantly lower prices than market rates, resulting in massive losses for music producers. Licensing It denotes that the film is based on a previously published novel, book, or artistic work. The Indian Copyright Act of 1957 forbids and punishes acts of piracy.

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An Initial Look at Washington’s New Anti-SLAPP Statute

Technology & Marketing Law Blog

The post An Initial Look at Washington’s New Anti-SLAPP Statute appeared first on Technology & Marketing Law Blog. Related posts : Washington Anti-SLAPP Statute Violates Right To Jury Trial–Davis v.

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SpicyIP Weekly Review (December 18- December 24)

SpicyIP

The Court restrained the Defendants from manufacturing and marketing the drug, but given the importance of the drug in treating diseases such as cancer, allowed the Defendants to exhaust the stock available with them. The court held that puffery in advertisements is allowed as long as the assertions made are reasonable. and Ors. ,

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SpicyIP Weekly Review (November 13- November 19)

SpicyIP

vs Acko General Insurance on 10 November, 2023 (Delhi High Court) The dispute pertains to the use of the plaintiff’s artistic work “Humanity” by the defendant in one of its advertisement hoardings. The defendant argued that since the plaintiff’s work was exhibited in public its reproduction will fall under the ambit of fair use.